BILL ANALYSIS Ó
SB 436
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Date of Hearing: July 3, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 436 (Jackson) - As Amended: April 3, 2013
Policy Committee: Natural
ResourcesVote:6-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill clarifies and expands specified California
Environmental Quality Act (CEQA) notice procedures, and
clarifies public meeting requirements for scoping meetings
called pursuant to CEQA. Specifically, this bill:
1)Clarifies that scoping meetings, required to be held by lead
agencies for certain highway projects and other projects of
statewide, regional, or areawide significance, are public
meetings.
2)Requires a lead agency to provide specified notices, including
preparation of an Environmental Impact Report (EIR) or
negative declaration, to:
a) Responsible and trustee agencies.
b) The project applicant and the applicant's duly
authorized agent.
c) The State Clearinghouse.
FISCAL EFFECT
Negligible state costs.
COMMENTS
1)Purpose and Background. According to the author, this bill
addresses concerns regarding late comments on CEQA
environmental documents by increasing and clarifying the
SB 436
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parties and entities who must receive public notice regarding
the comment periods and public hearings on proposed projects.
This bill specifically requires lead agencies to notify
responsible and trustee agencies, third-party project
applicants, and the State Clearinghouse. For the first two,
the bill specifically permits electronic mail notification.
CEQA requires a lead agency with the principal responsibility
for carrying out or approving a proposed project to prepare a
negative declaration, mitigated negative declaration, or
environmental impact report (EIR) unless the project is
exempt. Lead agencies are required to make these and other
documents, including notices available to the public. Lead
agencies are also required to hold at least one scoping
meeting for proposed projects of statewide, regional, or
area-wide significance. This bill clarifies that scoping
meetings are open to the public.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081